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Haridas Nanabhai Vs. Vithaldas Kisandas - Court Judgment

LegalCrystal Citation
CourtMumbai
Decided On
Judge
Reported in17Ind.Cas.30
AppellantHaridas Nanabhai
RespondentVithaldas Kisandas
Excerpt:
limitation act (ix of 1908), schedule i, article 179 - execution of decree--limitation--step-in-aid, of execution--application for time to procure copies of judgment and decree. - 1. we are of opinion that the application for time, which was made by the appellant after he had given the darkhast of november 1906, to enable him to procure copies of the decree and judgment, was a step-in-aid of execution. we agree with the judgment of the madras high court in kunhi mannan v. seshagiri bhakthan 5 m. 141 and dissent from the judgment of the calcutta high court in kartick nath pandey v. juggernath ram marwari 27 c. 285.2. the decree is, therefore, reversed and the darkhast sent back to be disposed of according to law on the merits.3. costs hitherto incurred will be costs in the darkhast.
Judgment:

1. We are of opinion that the application for time, which was made by the appellant after he had given the darkhast of November 1906, to enable him to procure copies of the decree and judgment, was a step-in-aid of execution. We agree with the judgment of the Madras High Court in Kunhi Mannan v. Seshagiri Bhakthan 5 M. 141 and dissent from the judgment of the Calcutta High Court in Kartick Nath Pandey v. Juggernath Ram Marwari 27 C. 285.

2. The decree is, therefore, reversed and the darkhast sent back to be disposed of according to law on the merits.

3. Costs hitherto incurred will be costs in the darkhast.


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